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Is Vaping REALLY Safe?
Is vaping REALLY safe?
Vaping has exploded onto the scene in recent years… but the vapes themselves are sometimes exploding all too literally, as well. These explosions been occurring for several years, but have attracted renewed attention lately due to the death of a man.
So, what do we make of all this?
The first modern e-cigarettes (also known as vaporizers or “vapes”) were invented in the early 2000s and introduced to American markets in 2007. In the past decade, millions of smokers in the United States have embraced them as an alternative to cigarettes.
Nor is vaping limited to nicotine; other substances, such as cannabis, can be vaped as well.
Vaping has been marketed as a convenient alternative to smoking, and one which is healthier than traditional tobacco use, although the scientific evidence on this is not perfect, and vaping does appear to pose some health risks.
However, the most immediate risk of vaping comes not from the chemicals that the user ingests but from the device itself, and the small but significant probability that the battery will explode.
Why is this a news item?
Vape explosions have been known to occur for years. You may have heard about them in the news more recently due to the death of a Florida man.
Tallmadge D’Elia, 38, was found dead on May 5 in a fire in his home, and the death was ruled by an autopsy to have been the result of an explosion in the vape pen D’Elia had on him.
Although D’Elia suffered severe burns over much of his body, the direct cause of death was the shrapnel that lodged itself in his head from the exploding vape battery.
This certainly is not the first occurrence of its kind. In fact, there have been hundreds of similar incidents, according to a report by the United States Fire Administration.
However, although many people have been injured by exploding vape batteries, D’Elia may be the first actual death attributable to this cause in the United States, and that is why this topic is making waves.
So, what do you need to know about vape explosions? Here’s a brief rundown:
Vape explosions are rare, but serious.
According to the above-linked U.S. Fire Administration report, there have been approximately 195 recorded vape explosions in the United States, as of 2016. (It’s likely that the number has gone up slightly in the two years since the report has been published, but not by any unprecedented measure.)
Of these 295 vape explosions, 133 resulted in injuries, and of these injuries, 38 were severe.
This may sound like a lot, but it is important to keep in mind that the risk is statistically quite small, considering the millions of vapes currently in use across the United States. Nor are vape batteries the only types of batteries known to explode.
However, vape explosions are uniquely devastating for one major reason: vapes are more likely than most other types of electrical devices to be kept in people’s’ pockets, in close proximity to the body so that if they explode, they are much more likely to do real harm.
When it is not in a user’s pocket, the vape is likely to be in use, which means that it is likely in or near the user’s face… and if the battery explodes here, the injuries may be even worse.
Sure enough, in the U.S. Fire Administration study, 121 of the vape explosions (well over half of the total) occurred when the device was either in the user’s pocket or in active use near the face.
The fires caused by an exploding vape can also pose a risk in and of themselves. In 10 of the recorded incidences, the explosion led to a major fire that did serious damage to a building and had to be suppressed by the fire department.
WHAT CAUSES VAPES TO EXPLODE?
The explosions are caused by lithium batteries in the vapes.
Vapes typically explode because of their lithium batteries short circuiting, which leads to a feedback loop resulting in combustion. That’s the short version of it, at least.
These lithium batteries present a unique hazard. In the words of the Fire Administration report, “No other consumer product places a battery with a known explosion hazard such as this in such close proximity to the human body.”
The problem is made even worse by the fact that many vape users buy their own spare batteries, or salvage them from other devices. Such spare batteries might lack the necessary protective circuitry to keep the user safe that is included in the original vape battery.
Some batteries may say that they are “protected,” but this is a vague term and may not mean that the battery has the necessary protective circuitry to stop an explosion.
And, of course, some consumers go even further and construct their own makeshift vapes from spare parts or other materials. In terms of the risk of explosion, this makes things much worse.
HOW CAN I PROTECT MYSELF FROM A FAULTY VAPE?
There are a few steps that consumers can take to protect themselves. In fact, a list of safety tips has been released by the FDA, which has been regulating vapes since 2016.
First, be sure that you use the right charger. Always use the charger that the vape came with, or another one of the same type. Never use any other charger, and especially not one intended for a phone or other device than a vape.
Second, be careful when charging the device. Make sure that you stay around and keep an eye on it, and do not leave your vape charging overnight.
Third, take good care of the batteries. If there is any damage to the batteries, or they come into contact with water, then replace them immediately. If batteries are not being used, then store them in a case and separate from other metal objects.
As with the charger, you should only use the type of batteries recommended for your device. Make sure that they are the same brand, with the same charge levels, and that old and new batteries do not get mixed up with each other.
Finally, use your common sense when vaping. Familiarize yourself with the manual for the device beforehand, and obey any safety warnings. Do not alter your vape, or disable any safety features. Charge it on a clean and flat surface, and do not expose it to extreme temperatures (whether extreme highs or lows).
If you have any questions about the safety of the product, then you should not hesitate to contact the company which made it.
Taking these steps, and following basic common-sense safety procedures, will greatly decrease your risk of suffering a vape explosion. Unfortunately, however, if the product is badly designed then no amount of safety precautions will be able to completely protect you.
STEPS TO TAKE AFTER A VAPE ACCIDENT
If your vape explodes, there are a few steps you should take.
The first and most important step is to ensure your own safety and that of those around you. If the explosion has caused a fire, then call the fire department. If you or another person has been injured, then seek immediate medical attention.
It is important to seek medical attention even if your injuries do not seem severe. Adrenaline can mask the true severity of your injuries.
Second, you should report the incident to the FDA. You can do this on their website, and it will be added to a government record of all such incidents.
This will allow them to effectively track the causes of vape explosions, and perhaps find solutions to the problem down the road. If you have experienced a vape explosion, you probably want to do everything you can to make sure that no one else ever has to go through the same experience, and this will help further that goal.
Include as much information as possible, including the brand name and model of both the vape and the battery, as well as the vape’s serial number and manufacturer, where it was purchased, and whether there were any modifications.
Third, you should speak to an attorney.
Not all vape accidents are actionable legal cases. In some instances, the vape explosion will be the consumer’s fault. If this is the case, then no amount of litigation will change that.
However, if the vape explosion or fire occurred because of some defect with how the vape was made, then you may have grounds for a lawsuit.
SO HOW DO VAPE LAWSUITS WORK?
It’s simple. You see, manufacturers of vapes (like all other consumer products) have a duty to design vapes that are reasonably safe, and would not pose an unreasonable hazard to the user when used normally for their intended purpose.
No product can be 100% safe, but consumers who buy a product have a right to expect that it will not malfunction unexpectedly when being used in a normal way.
In fact, there is an entire field of personal injury law, known as product liability law, which is designed to deal with these sorts of cases. Of course, not all product liability cases involve vapes, but the duty is no less for vape producers than it is for any other producer of consumer goods, such as cars or food.
On one level, product liability lawsuits are easier than other types of personal injury lawsuits, because product liability law involves strict liability. This means that you do not have to prove negligence against the manufacturer or designer; you must simply prove that a design flaw existed and that it was traceable back to the manufacturer or designer.
If a vape is so poorly designed or manufactured that it is unsafe when being used normally, then the injured consumer (or other parties who were injured by the malfunction) will be able to sue to recover damages related to their injury.
Not everyone will have a case, but whether or not you do end up having one, it is important to preserve evidence after the accident. Take pictures of the vape and the damage done by the explosion, and get medical records of your injuries.
Also, whatever you do, don’t send the defective vape back to the company! They may promise you a free new one, but if you give up the defective product so that it can’t be used as evidence in court, this will seriously harm your case. Don’t play into their hands!
And in our experience, many victims of defective products have a better case than they asume at first. So if you have been injured by a vape explosion, then don’t hesitate to talk to an attorney! Consultations are free, and you may have a stronger case than you might think.
If you have been injured in a vape explosion, then call Torklaw today for a FREE consultation. We are interested in hearing your story and finding out what we can do to get you the justice you deserve.
The period between Memorial Day and Labor Day is historically the most dangerous time of year for teen drivers. Some research shows up to 30% of all teen driving fatalities occur during the summer months. Teen drivers lack experience, and the summer months provide multiple reasons for increased risk. Not only is there more daylight and warmer weather, but most teens are out of school and have more free time to be behind the wheel. Here are five safety tips for your teen driver to practice, not just in the summer months but all year long. 1. Avoid Distraction . Research shows as high as 60% of all teen vehicle crashes involve driver distraction. One common misconception is that cell phones are the number one cause of distraction for teen drivers but that is actually not the case. Other passengers create more distractions for teen drivers than any other source. 2. Buckle Up . It is discussed so often that it may seem trite but seatbelt use is proven to reduce fatality rates in motor vehicle accidents. but data shows buckling up can reduce the risk of fatal injury by as much as 45%. 3. Impaired Driving . As high as 15% of all teen driving fatalities involve a blood alcohol content of more than twice the legal limit. 4. Limit Passengers. Most states, including Alabama, have graduated license laws restricting the number of passengers in vehicles operated by teen drivers. Literally all available data associates fewer passengers with lower fatality rates in motor vehicle accidents involving teen drivers. 5. Reduce Nighttime Driving. The fatal crash rate of 16-19-year-olds is nearly 400 times higher at night than during the day.
Identity theft affects millions of people each year and can cause serious harm. Protect yourself by securing your personal information, understanding the threat of identity theft, and exercising caution. Here are 10 things you can start doing now to protect yourself and your loved ones from identity theft: Protect your Social Security number by keeping your Social Security card in a safe place at home. Don’t carry it with you or provide your number unnecessarily. Be careful when you speak with unknown callers. Scammers may mislead you by using legitimate phone numbers or the real names of officials. If they threaten you or make you feel uneasy, hang up. Create strong, unique passwords so others can’t easily access your accounts. Use different passwords for different accounts so if a hacker compromises one account, they can’t access other accounts. Check out the Federal Trade Commission’s password checklist for tips. Never give your personal or financial information in response to an unsolicited call or message, and never post it on social media. Shred paper documents that contain personal information, like your name, birth date, and Social Security number. Protect your mobile device from unauthorized access by securing it with a PIN, adding a fingerprinting feature, or using facial recognition. You can also add a password and adjust the time before your screen automatically locks. Regularly check your financial accounts for suspicious transactions. You can also request and check a free credit report from each of the three credit bureaus every year: TransUnion , Equifax , and Experian . Avoid internet threats by installing and maintaining strong anti-virus software on all your devices—including your mobile device and personal computer. Use a virtual private network (VPN) to stay safe on public Wi-Fi. Do not perform certain activities that involve sensitive data, like online shopping and banking, on public Wi-Fi networks. Protect yourself on social media by customizing your security settings and deleting accounts you no longer use. Also, double-check suspicious messages from your contacts, as hackers may create fake accounts of people you know. Never click on any link sent via unsolicited email or text message—type in the web address yourself. Only provide information on secure websites.
Every accident case is different. Some settle more quickly than others. However, it is not uncommon, for a personal injury case to take a year or more to resolve after the case has been filed in court. Evaluating the Injury Prior to filing a lawsuit, it takes time to determine the full extent of your injuries. Doctors are often unable to give an opinion about the seriousness of an injury until your condition has stabilized. In serious injury cases, it may even take a year after the accident before your doctor can say whether or not your injuries are permanent. It is extremely important to take the necessary time to fully evaluate your injuries. You have only one chance to prove the extent to which you have been harmed. Once you accept a settlement offer, that decision is final. You cannot go back and ask for more money if you later find out your injuries are more serious. An experienced personal injury attorney knows how to keep your case moving through the legal system. Your personal injury case may move through these stages: 1. Written Discovery The written discovery period can last over six months. You will be asked to answer written questions (interrogatories) under oath. You will also be asked to produce documents or authorize others to produce documents such as accident reports and medical records. 2. Depositions During a deposition, you will be asked questions under oath. A court reporter types a record of everything that is said. Not only will you be questioned about the accident and your injuries, you will be asked questions about what your health, education, and work were like before the accident. 3. Mediation and Settlement The Court almost always requires a settlement conference or mediation before personal injury cases can go to trial. At mediation, a neutral trained mediator goes over the issues and evidence with the parties to help guide them toward a settlement agreement. 4. Trial If your case does not settle and goes to trial, a jury decides what your injury is worth. It can take eighteen months or longer to get the trial scheduled. Once the trial is over, there may be further appeals and motions. It's possible for the parties to settle the case during trial or even after trial in order to end an appeal. Your best strategy is to contact an attorney with experience in handling personal injury cases. Your attorney can give you an estimate about the length of time it takes to resolve your type of case. Also, ask your attorney to give you frequent reports on the status of your case so you know that your case is making its way through the legal process. It's understandable that you may be frustrated at the speed your case seems to be moving. However, you should never rush to take the first settlement offer made by an insurance company. The first offer is rarely your best settlement offer. .
Distracted driving has been on the increase for the last several years and continues to be one of the leading causes of vehicle accidents throughout the United States. If you are texting and driving down the highway at 55 mph, that’s like traveling the length of a football field with your eyes closed. You can only drive safely when your full attention is on the road. Any activity that isn’t related to driving is a potential distraction and increases your risk of a collision. While most research points to a mobile phone as the number one culprit, it is far from the only activity potentially stealing a driver's attention. Eating or drinking, grooming, radios, other passengers - especially children, and even pets can also be significant factors. Distracted driving accidents are preventable 99% of the time. Driving can become mundane at times, but we all must remember when driving we have an obligation to the safety of not only ourselves but those who ride with us and other drivers we share the road with. Some studies show listening to podcasts or certain types of music can enhance our concentration. It’s important to practice safe habits behind the wheel. You want to make sure that your passengers know how serious you are about driving without distractions. One of the most effective ways to lead is through example. Be a good example for your friends and family by avoiding driving while you’re distracted.
We see this question all the time. The injured party doesn’t want to use their own health insurance to pay for an injury. They believe it is the responsibility of the person at fault to pay for their medical bills. That may feel like the right position for an accident victim to take but the truth is, most of the time the injured party will end up with a larger settlement if they do, in fact, use their own medical benefits. Here's why; Health insurance companies have a negotiated price for medical services that is about 15 percent less than what people have to pay who don’t have health insurance. If your medical bills are $50,000.00 but Blue Cross Blue Shield pays $15,000.00 and the person who caused the wreck has $50,000.00 in liability coverage, that leaves $35,000.00 available for the injured party versus $0.00. Generally speaking, Blue Cross Blue Shield will reduce the $15,000.00 to $10,000.00 leaving $40,000.00 available. The point is that there’s more money available when you take advantage of your healthcare negotiated rates whether it’s United Health Care, Medicare, Medicaid, or Blue Cross Blue Shield. More money is better. Using your health insurance to pay your medical bills if you are injured, will almost always end up maximizing your settlement.
Once you reach the age of 65 you have many more options than before. As you know if you go on Medicare and you are under the age of 65 your options for health plans are limited. When you turn 65 you will have another open enrollment period to sign up for any plan you wish to get. In other words, just because you are already on Medicare does not prohibit you from having all the options a person not on Medicare and turning 65 would have.
This is one of the questions we get asked the most. In most cases, the answer to this is “no”. When you turn 65, if you are still working and on your employer’s health insurance plan you probably will not need Medicare Part B. I say probably because most employer plans do not file on Medicare if you have a claim. Because you have to pay a premium for Part B, Medicare does not require a person to sign up for Part B as long as you are on your employer’s plan. Also, because the rules can differ for companies with less than 20 employees, the safest thing to do is check with the benefits coordinator at your place of employment for guidance or call us at our office.
Social Security: 3 main reasons why the Government can deny Disability Benefits
For many working Americans, when the unexpected happens and they can no longer work due to a serious medical condition, Social Security Disability Insurance (SSDI) benefits can be a financial lifeline. Most American workers contribute to Social Security through federal payroll taxes. Social Security is designed for income during retirement years however if an individual’s working years are cut short by a severe, long-term illness or injury, they may need income before reaching retirement age. For many who find themselves in these circumstances SSDI provides monthly financial assistance. Seven facts every American should know about the SSDI program 1. SSDI is coverage that workers earn. If an individual has paid enough Social Security taxes through their lifetime earnings, SSDI is intended to provide support by replacing some of their income when they become disabled and unable to work. 2. The Social Security Administration (SSA) has a strict definition of disability. The SSA considers a person disabled if they can’t work due to a serious medical condition that is expected to last at least one year or result in death. SSDI is intended as a long-term solution and is not intended to offer temporary or partial disability benefits. 3. Disability can happen to anyone at any age. Serious medical conditions, such as cancer and mental illness, can affect the young and elderly alike. Studies prove one in four 20-year-olds will become disabled before retirement age. As a result, they may need to rely on Social Security disability (SSDI) benefits for income support. 4. SSDI payments help disabled workers to meet their basic needs. SSDI is not and was never intended to be a full wage replacement. The average monthly Social Security disability benefit is $1,280, as of April 2021, which is intended to allow an individual who has become disabled to meet their basic needs. 5. Social Security works aggressively to detect and prevent fraud. Every American worker who pays federal taxes invests in SSA. The agency is committed to protecting their investment by taking a zero-tolerance approach to fraud. The agency claims a fraud incidence rate that is a fraction of one percent. 6. SSA helps people return to work without losing benefits. Often, people would like to re-enter the workforce. However, many worry they will lose disability benefits if they try working again. They may also fear losing benefits if they are unsuccessful in returning to work. The agency has many programs designed to connect an individual to free employment support services while helping them maintain benefits, such as health care. 7. Millions of disabled Americans depend on SSDI benefits. Nearly 10 million disabled workers and their spouses and children receive benefits through SSA.
A circuit judge in Sarasota ruled Monday that the verdict in a legal malpractice case against the Morgan & Morgan law firm should stand. The judge also denied Morgan & Morgan’s motion for a new trial and another motion to reduce the $5 million award determined by the jury. Attorney Donald St. Denis of St. Denis & Davey in Jacksonville, who represented the plaintiffs in the malpractice lawsuit, said Friday he has a hearing scheduled Tuesday in Sarasota on a motion to award his firm $1.6 million in attorney’s fees and costs. “We’ve been working on this for two years. I’ve got a ton of time in this case,” he said Friday. St. Denis made offers on behalf of his clients in August 2016 and again in January 2017 for $2.5 million and $4 million, respectively, to settle the malpractice suit before going to trial, but Morgan & Morgan’s counteroffer was only $1,000, he said. Morgan & Morgan intends to appeal the jury’s verdict. John Morgan “This case is a long way from over,” John Morgan said Friday in an email response. “We defended this case because we think we are right. And we will continue fighting it because we still believe we are right. We fully expect to win outright on appeal and have a judgment in our favor entered by the appellate courts.” St. Denis represented Shawna and Rock Pollack in the malpractice action related to Morgan & Morgan’s handling of a personal injury case the couple filed after their child was permanently injured during birth. On Oct. 17, a jury in circuit court in Sarasota County found that Morgan & Morgan attorney Armando Lauritano was 100 percent responsible for Shawna and Rock Pollock losing their rights to a medical malpractice claim against a Sarasota obstetrics practice, a nurse midwife and the hospital where their child was born. The case began Nov. 2, 2006, when Shawna Pollock was admitted to Sarasota Memorial Hospital to give birth. After she was given a hormone to induce labor, the unborn infant began to experience slowed fetal heartbeat and Pollock began writhing in pain. By the time an emergency cesarean section was performed, Pollock’s uterus had ruptured, depriving the fetus of oxygen, which caused permanent brain damage. After the birth, the Pollocks contacted Morgan & Morgan. An investigator from the firm met the couple at Ronald McDonald House, where they were staying while their infant son was in All Children’s Hospital in Tampa. On Feb. 17, 2007, the Pollocks agreed to be represented by Morgan & Morgan. They agreed to pay the firm up to 40 percent of a recovery up to $1 million, 30 percent between $1 million and $2 million and 20 percent of recovery in excess of $2 million. St. Denis argued to the jury that Morgan & Morgan was focused on collecting a large fee for the child’s brain injury claim to the point that its representative failed to provide the required presuit notice of claims for injuries sustained during the delivery by Shawna Pollock, including that she no longer is able to have children. After it became clear that the baby would qualify for no-fault benefits from the Florida Birth-Related Neurological Injury Compensation Association, and after the statute of limitations period for submitting notice the Pollocks intended to seek compensation for their personal loss had expired, Morgan & Morgan withdrew from representing the Pollocks. The jury found that the OB-GYN practice, the nurse midwife and Sarasota Memorial Hospital were negligent in the care of Shawna Pollock. The medical practice and nurse midwife were found by the jury to be liable for $4.5 million in damages and the hospital was found liable for $500,000 in damages, if the Pollocks had not lost their rights to sue for damages. In its $5 million verdict, the jury further found that Lauritano was negligent in his handling of the Pollocks’ interests, that the Pollacks did not freely and intentionally give up their right to seek compensation from the physicians and hospital and that Lauritano was liable for the loss they incurred. original article https://www.jaxdailyrecord.com/article/court-upholds-dollar5-million-malpractice-verdict-against-morgan-and-morgan